Question juridique clé
Whether the Neuchâtel authorization regime for CT-Scan and MRI violates federal supremacy
Solution extraite
The cantonal authorization regime remains compatible with federal law because cantons retain residual powers in health, cost control, and hospital planning, including for outpatient exams covered by basic insurance.
Motifs extraits
The Court held that health protection and sanitary police remain cantonal matters, and that the LAMal does not exhaust the field. Because CT-Scan and MRI exams may also be performed ambulatory and charged to basic insurance, a cantonal need-based authorization for such equipment is permissible even for clinics not on the hospital list.